Succession law: equity between spouses and partners from the perspective of the principle of equality

Abstract

The present study is inserted in the context of contemporary Brazilian law, where an expanded and diversified conception of the concept of family is observed, recognizing its multiplicity of forms and compositions, both linked by biological and emotional ties, with the purpose of promoting integral development of its members. Given the growing number of stable unions not formalized by marriage, there is a need to understand how this dynamic impacts the legal rights and protections of these family entities. Thus, the problem investigated focuses on the gap between spouses and partners with regard to inheritance rights, as established by the Civil Code of 2002. The general objective of this research is to analyze the legal positioning of stable unions in relation to successions, with emphasis on jurisprudence of the Federal Supreme Court. To achieve this objective, the methodology used was based on the analysis of constitutional and civil legislation, in addition to relevant jurisprudence, in order to understand the legal nuances and recent advances in this field. As a result, the consolidation of the legal protection of stable unions stands out, through the equality of succession rights between stable unions and marriage, including for same-sex unions, reflecting the jurisprudential evolution aligned with the constitutional principles of equality and human dignity.